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Musk Can’t Delay Twitter Trial, But Whistleblower Evidence Allowed

A Delaware judge has ruled that Elon Musk will be able to include new information from whistleblower Peiter Zatko into his countersuit against Twitter, but denied his request to delay the trial until at least November.

Delaware’s Chancery Court chancellor Kathaleen McCormick ruled that Musk can amend his claim with “incremental discovery relevant to the new allegations” such as “targeted document discovery and minimal additional experts and fact witnesses.”

Despite a raft of new evidence, McCormick ruled against pushing the trial date back from October 17.

“In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency,” McCormick said.

“But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter.”

Twitter CEO Parag Agrawal has dismissed Zatko’s claims (pictured above), including one that backs up Musk’s central argument regarding bot counts, as “a false narrative that is riddled with inconsistencies and inaccuracies, and presented without important context.”

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